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Boston immigration Attorney John Foley has endorsed passage of an immigration bill currently under consideration in the U.S. Congress.

Foley said “HR 7100 would allow Irish citizens to apply for and receive E-3 employment visas. The bill has been filed in the House of Representatives and a vote is expected during the current lame duck session of Congress.”

E-3 visas are currently only available to citizens of Australia. With an E-3 visa, up to 10,500 visa holders and their families can enter the U.S. to work for two years at a time with no limit to the number of extensions. Foley, the principal attorney at Foley Law Offices, P.C. in Boston, MA said “E-3 visas would give thousands of Irish citizens, and their immediate families a legal path into the United States.”

Foley has been working with lawmakers in Ireland and in the U.S. to get the E-3 legislation in front of lawmakers before the end of the session. Foley said “the legislation does not increase the number of visas available but by making it available to Irish citizens it’s more likely the visas will be used.” Less than half of the E-3 visas available to Australian citizens have been used.

In response to a parliamentary question, Tánaiste and Minister for Foreign Affairs and Trade Simon Coveney said “Were the Bill to be passed as currently drafted, an estimated 4,000 – 5,000 visas might become available each year for Irish citizens who wished to live and work in the US.”

The Irish government has appointed TD John Deasy as a Special Envoy to the U.S. Congress to work on immigration issues. Foley said “while John Deasy and the Irish government would like to help Irish over-stays they should take what they can get in the current anti-immigration environment. The issue of over-stays is a matter for the U.S. government to resolve. The Irish government should work with its friends in Congress and get E-3 visas for the Irish.”

The House is expected to vote next week before the E-3 bill is sent to the Senate for consideration. To become law, the Bill requires a two thirds majority in the House and sixty votes in the Senate. A number of those working on the legislation say the bill has the strong support of President Trump.

Good news for our Deferred Action for Childhood Arrivals (“DACA”) immigrants! Today it was announced that the 9th US Circuit Court of Appeals upheld a ruling blocking the Trump Administration from ending President Obama’s 6-year old program that protects young undocumented immigrants, who came to the United States as children, from being deported.

It was only two months ago the Trump Administration announced plans to phase out DACA, but lower court judges have now blocked them from doing so. They have ruled that protection of recipients to continue until the appeals are resolved. New discussions are now being put on the table to extend DACA or provide them with a path to citizenship in exchange for funding for a wall along the US-Mexico border. While this is another blow to the Trump Administration, it is only a temporary one.

Are you feeling lucky? The U.S. Government is now putting forward an immigration program which allows a class of 50,000 immigrants known as ‘diversity immigrants’ to be issued Legal Residency/Green Cards. Applicants selected for the program must meet simple but strict eligibility requirements. There is no cost to register for the DV-2020.

Unfortunately, not everyone can apply. DV-2020 is not open to immigrants from:

Individuals born in countries whose natives qualify may be eligible to enter.

Each DV applicant must have:

A high school education or equivalent. This is defined as successful completion of a 12 year course of formal elementary and secondary education.

OR

Two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.

You must also provide the following information in order to complete your entry:

Your name – exactly as it appears on your passport.

Gender – male or female.

Birth date – day, month, year.

City where you were born.

Country where you were born.

Country of eligibility for the DV program.

Entrant photographs. (Recent photographs taken within the last six months of yourself, your spouse and children, etc).

Mailing address.

Country where you live today.

Phone number.

Email address.

Highest level of education you have achieved.

Current marital status and your spouses information.

Number of children and their information.

Entry Period:

Entries are being accepted until 12pm on Tuesday, November 6, 2018. No late entries or paper entries are accepted and the law only allows for one entry per person.

Completing your Electronic Entry:

To Apply – Go to dvlottery.state.gov. Your entry must be complete in full. Complete your entry yourself, avoiding secondary or professional help.

It is extremely important that you retain your confirmation page and your unique confirmation number once your entry is completed. You can also check the status of your entry after applying when you return to dvlottery.state.gov.

Selected Applicants:

The Department of State will randomly select individuals by computer from among qualified entries. All DV-2020 entrants must go to the Entrant Status Check using the unique confirmation number saved from their DV-2020 online entry registration to find out whether their entry has been selected in the DV program. Entrant Status Check will be available on the E-DV website at dvlottery.state.gov beginning May 7, 2019 until September 30, 2020.

On Saturday, January 13, 2018, U.S. Customs and Immigration Services (“USCIS”) posted it will resume accepting DACA renewal applications. The decision to allow DACA renewals came after a San Francisco Federal Court blocked the administration’s decision to end DACA last September.

The Deferred Action for Childhood Arrivals program began in June 2012. In September 2017, it was announced that the program would begin to “wind down.” Currently, the DACA program will continue as if the program was never rescinded. Applications from individuals who have never received DACA will not be accepted.

Currently, only individuals who previously received DACA will be able to retain DACA status. Individuals whose DACA status expired prior to September 5, 2016 can file a new request for DACA status. Individuals who received DACA in the past and whose status expired after September 5, 2016, may reapply for DACA. Individuals who currently have DACA status will be able to renew their status within one year of expiration. These new DACA regulations will be followed until further notice.

If you are a DREAMer, you should consult with an immigration attorney about renewing or reapplying for DACA. We will continue to monitor the issue and post updates as more information becomes available. For questions or to set-up a consultation with an Immigration Lawyer in our Boston office, please call 617-973-6448.

All United States Citizenship and Immigration Services (USCIS) District 1 offices (Massachusetts, New Hampshire, Maine, Rhode Island) and the Executive Office of Immigration Review (EOIR) – Boston Immigration Court will be closed tomorrow, January 4, 2018, due to the inclement weather. USCIS will be reaching out to every applicant (and/or their Attorneys) scheduled for tomorrow to inform them about the closure. EOIR will be all rescheduling hearings affected. All offices are anticipated to be open regular hours on Friday.

We will continue to monitor the weather and any further office closings.

The U.S. Citizenship and Immigration Services (USCIS) has updated its guidelines on October 23, 2017 to apply the same level of scrutiny to initial and extension requests for nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker, most especially H-1B petitions.

Like before, Officers are instructed to review the application and supporting documentation thoroughly, however, now, even in circumstances where there has been no change in facts. The new guidance indicates that Officers may, “ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner.” Previously, USCIS guidance directed Officers to give “deference” to prior determinations “as long as the key elements were unchanged and there was no evidence of a material error or fraud.” This change is a result of President Trump’s April 18th Buy American and Hire American Executive Order.

Immigration lawyers and petitioners should be prepared as the change in the burden of proof will likely result in an increase in requests for evidence (RFE) for extension petitions, especially H-1B extensions. If you receive a RFE and need help responding or have any questions regarding the change in the burden of proof for I-129 extensions, please contact us at 617-973-6448 to schedule a consultation with an Immigration attorney in our office right away.

The U.S. Department of State (“DOS”) experienced a technical issue this past month on the Diversity Visa lottery and has reopened a new full entry period, starting Wednesday, October 18, 2017 at 12:00pm EST and ending Wednesday, November 22, 2017 at 12:00p EST.

“Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been excluded from the system; they will not count as a duplicate entry. The technical issue has been resolved and a new full entry period will begin at noon, U.S. Eastern Daylight Time on Wednesday October 18, 2017 and will run until noon Eastern Standard Time on Wednesday November 22, 2017. Only entries submitted during this period will be accepted and considered for selection in the lottery. Please throw away any confirmation number or other documentation that you have if you submitted an entry during Oct. 3-10.”

All applicants who previously submitted an entry into the diversity visa lottery during the October 3-10 period must RESUBMIT their application in order to be counted for this year’s lottery. The new lottery period will close on Wednesday November 22, 2017 at 12 pm EST. If you have any questions about the diversity visa lottery or your previous submission, or want to set up a consultation with an Immigration Lawyer in our Boston office today, please call 617-973-6448.

I had a brief conversation with U.S. Senator Daniel Sullivan of Alaska earlier today. I asked the first term Republican about changes in U.S. immigration law and he said “there is a deal do be had on DACA (Deferred Action for Childhood Arrivals)” but it had to come from Congress and “we have to secure the border at the same time.”

Speaking at a luncheon meeting of the New England Council while he is in town for his Harvard University 30th class reunion, Sullivan said “there is the framework for an immigration deal in Congress” but he stressed “we need to keep it simple. He can’t try to solve all of the immigration issues at once.”

Attorney Foley and U.S. Senator Daniel Sullivan of Alaska at a New England Council Luncheon on October 13, 2017.

Sullivan, a lawyer, former U.S. Marine and Assistant Secretary of State said he “was opposed to pulling out of NAFTA (North American Free Trade Agreement)” and was in favor of entering into “a free trade agreement with Japan.”

As Assistant Secretary of State under President George W. Bush, Sullivan said his job was to convince other countries to boycott Iran. Sullivan praised President Trump’s announcement today making good on a long running threat to disavow the Iranian nuclear deal.

Sullivan called Iran “the biggest terror state in the world” and he said Iran had been “cheating on the agreement before the ink was even dry.”

The U.S. Citizen and Immigration Services ( USCIS) announced on October 12, 2017, a change in the direct filing addresses for certain petitioners of Form I-129, Petitioner for a Nonimmigrant Worker. These changes are important for all Petitioners and immigration lawyers to note as beginning November 1, 2017, USCIS will reject any Form I-129s filed at the wrong service center. This could be detrimental for any time sensitive cases such extensions and amendments for H-1Bs.

All I-129s must now be filed according to the state where the company or organization’s primary office is located. Previously, all applications were filed based on the address of the beneficiary’s work location.

Additionally, Petitioners located in Florida, Georgia, North Carolina and Texas will now file Form I-129 at the California Service Center. Previously, Petitioners in these states filed their petitions at the Vermont Service Center.

There are special instructions for certain petitioners of certain visas, so it is always important to check the USCIS website for the correct address. If you have questions or your I-129 is rejected (properly or improperly), please call an immigration lawyer in our office today!

The U.S. Department of State (“DOS”) updated the Field Adjudicators Manual (“FAM”) on September 1, 2017 to provide guidance to U.S. consular officers in regards to the term “misrepresentation” and foreign nationals in the U.S. “who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to DHS when applying for admission or for an immigration benefit.”

The FAM now includes a subsection titled “Inconsistent Conduct Within 90 Days of Entry.”9 FAM 302.9-4(B)(3) . The updated section states that: “If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry… you may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.”

Individuals who have been found to have willfully misrepresented” a material fact, sought to procure or has procured a visa, other documentation or admission into the United States or other immigration benefit is inadmissible and may be barred for life from entering the U.S.” 9 FAM 302.9-4(B)(3) .

So why is this important for me?

It’s important to understand if your conduct is inconsistent with your nonimmigrant status. Working without authorization, enrolling in school when you are not allowed to, and marrying a U.S. citizen or legal permanent residence after entering in on a status with nonimmigrant intent are examples of activities inconsistent with nonimmigrant intent.

The new FAM rule indicates that there will be a presumption of willful misrepresentation based on the alien’s activity within 90 days after entry to the U.S. Any activity more than 90 days after entry into the U.S. is not considered willful misrepresentation.

The 90-day rule replaces the previous 30/60 day rule which indicates that any adjustment application filed within 30 days of entry is considered misrepresentation. Any act filed after 30 days but before 60 days generally is not considered misrepresentation, unless evidence indicates otherwise. Finally any action after 60 days, there is no presumption of misrepresentation.

With this new rule, adjustment of status applications should be careful if he or she has entered in on nonimmigrant intent visa. USCIS has not yet adopted this rule, however, there is still a risk of a finding of willful misrepresentation. If you have entered in on the Visa Waiver Program or a nonimmigrant intent visa, and are considering actions inconsistent with your status, you should immediately consult one of the immigration lawyers in our office. To schedule a consultation, please call (617) 973-6448.

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Attorney Foley helped me get my U.S. citizenship.

Attorney Foley helped me get my U.S. citizenship. He took care of all of the paperwork and filed the form with the Immigration Service. Then he met with me a couple of days before the interview and explained the process and answered all of my questions. Most importantly, Attorney Foley was with me on the…

- Marie Pascal(5 star review)

I would strongly recommend Attorney Foley.

I looked at doing my own immigration paperwork but it was too complicated. Attorney Foley did it for us. He took care of all of the forms and told us what to expect at the interview. It was like he knew the questions in advance. I would strongly recommend Attorney Foley. He knows the system….

- Ed Sullivan(5 star review)

We strongly recommend Attorney John Foley.

Attorney Foley handled our adjustment of status case. He took care of all the forms, all supporting documentation and prepared us for our interview with U.S. Immigration. Not only did he tell us what they were going to ask us in the interview, he told us what to bring to the interview and even how…

- Withheld(5 star review)

My wife and I went to John Foley to get our immigration paperwork done.

My wife and I went to John Foley to get our immigration paperwork done. There was a ton of paper but he handled it all and he answered the telephone whenever we had questions. I went from being an overstay to being a conditional Legal Resident, to having the conditions removed and then to becoming…

- Michael Feeney(5 star review)

I can’t believe it but I am now a US citizen.

I can’t believe it but I am now a US citizen. I am able to travel back and forth to Ireland for the rest of my life without worrying about my immigration status in either country and I can vote in the upcoming US election. Attorney John Foley handled my case. He was with me…

- Joey Regan(5 star review)

I recommend Attorney Foley for immigration matters.

I recommend Attorney Foley for immigration matters. He explained the immigration procedure to me so I knew what to expect when we went for our interview. He was very good at returning telephone calls and e-mails. I felt very secure dealing with Immigration because Attorney Foley was helping me.

- H. Patel(5 star review)

Attorney John Foley helped me get my U.S. citizenship.

Attorney John Foley helped me get my U.S. citizenship. His help through the whole process was more helpful than at the interview itself. He was always available no matter what question I had. Even if the question (now in retrospect) sounded silly, he was patient answering every concern I had. He made jokes and made…

- Sadikshya Nepal(5 star review)

Every Step of the Way..

We felt supported and prepared for each step of the way from beginning to end. I appreciate John’s timeliness and professionalism when responding to any of our concerns or questions along the way; as well as his clarity when explaining each part of the process. We felt informed and prepared for anything that came our…

- David Luengas Guayda and Caitlyn McHugh(5 star review)

Dealing with US immigration was one of the scariest things I have ever done.

Dealing with US immigration was one of the scariest things I have ever done. I had been illegal for years. Attorney Foley explained to me what he was going to do before he did it. He told me what to expect and it was like he had a crystal ball. After a very anxious interview…

- JV(5 star review)

Words can’t describe our appreciation for all the help Attorney Foley gave us.

Our experience with Attorney John Foley has not only been helpful but wonderful. He is much more than just a lawyer, but also a friend. When the both of us started searching for the right lawyer, it can be of course a stressful process, but we got very lucky. We found Attorney John Foley on…

- Kevin and Kathryn Manasyan(5 star review)

I am really grateful for the outstanding service

I am really grateful for the outstanding service I got from Foley Law Offices. Attorney Foley successfully handled my initial DACA and EAD petitions 2 years ago, giving me the opportunity to work and finish school. When my case was eligible for renewal, he reached out to me and advised me how we should proceed….

- Ana Guarnier Paiva(5 star review)

We are so grateful for his professional and honest service.

We hired Attorney Foley to handle our Adjustment of Status case, and we could not be more pleased with the high level of care and competency he afforded us. Attorney Foley’s experience and expertise ensured our forms were prepared thoroughly and we were ready for our interview. Immigration issues can become a very stressful and…

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